Kerala High Court

OP (FC)/724/2017 of RADHYA MARY PRIYASARSINI Vs JOHN SIMIL K.A on 29 December 2017

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 OP (FC).No. 724 of 2017 (R) ---------------------------- (AGAINST THE ORDER DT 6.12.2017 IN IA NO.6152/2017 IN IA

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939OP (FC).No. 724 of 2017 (R) ---------------------------- (AGAINST THE ORDER DT 6.12.2017 IN IA NO.6152/2017 IN IA NO.1582/2016IN OP NO.648/2014 ON THE FILE OF FAMILY COURT, THRISSUR)

PETITIONER(S)/(PETITIONER/RESPONDENT):------------------------------------- RADHYA MARY PRIYASARSINI D/O K.J RAPHI, AGED 32, KANNAMPUZHA, PERINGAVU VILLAGE, KIZHAKKUMPATTUKARA DESOM, THRISSUR TALUK, THRISSUR EAST PO, THRISSUR DISTRICT.

BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SRI.S.SIDHARDHAN SMT.R.UDAYA JYOTHI SRI.M.M.VINOD SMT.M.SUSEELA

RESPONDENT(S)/(RESPONDENT/PETITIONER):------------------------------------- JOHN SIMIL K.A S/O K.G AUSUSTINE, AGED 38, KANDANAMPARAMBIL, ERAMALLOOR PO, EZHUPUNNA VILLAGE, ERAMALLOR DESOM, CHERTHALA TALUK, ALAPPUZHA DISTRICT.688537

R1 BY ADV. SRI.S.EASWARAN

THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(FC) NO.724/17

APPENDIX

PETITIONER'S EXHIBITS

EXT.P1:TRUE COPY OF GOP NO.648/2014 DATED NIL ON THEFILE OF THE FAMILY COURT, THRISSUR.

EXT.P2:TRUE COPY OF THE PETITIONER'S OBJECTION IN GOPNO.648/2014 DATED NIL ON THE FILE OF THE FAMILY COURT,THRISSUR.

EXT.P3:TRUE COPY OF THE ORDER DATED 19.2.2015 IN GOPNO.648/2014.

EXT.P4:TRUE COPY OF THE REPORT DATED 26.1.2016 OF THECHILD LINE, ALAPPUZHA SUBMITTED TO THE NODAL OFFICER,SPECIAL JUVENILE POLICE UNIT, ALAPPUZHA.

EXT.P5:TRUE COPY OF THE LETTER DATED 28.1.2016 OF THEDEPUTY POLICE SUPERINTENDENT, ALAPPUZHA ISSUED TO THESTATION HOUSE OFFICER, AROOR POLICE STATION.

EXT.P6:TRUE COPY OF THE FIRST INFORMATION REPORT INCRIME NO.106/2016 OF AROOR POLICE STATION ACCOMPANIEDWITH THE STATEMENT OF THE CHILD LINE WORKER AND THESTATEMENT IN WRITING OF THE MINOR GIRL.

EXT.P7:TRUE COPY OF THE PORTEST COMPLAINT ASCRL.M.P.NO.2598/2017 DATED 29.4.2017 BEFORE THE COURT OFSESSION/SPECIAL COURT POCSO ACT, ALAPPUZHA.

EXT.P8:TRUE COPY OF THE PEITION IA NO.1582/2016 IN GOPNO.648/2014 DATED NIL ON THE FILE OF THE FAMILY COURT,THRISSUR.

EXT.P9:TRUE COPY OF THE PETITIONER'S OBJECTION DATED4.4.2016 IN IA NO.1582/2016 IN GOP NO.648/2014 ON THEFILE OF THE FAMILY COURT, THRISSUR.

EXT.P10:TRUE COPY OF THE ORDER DATED 5.6.2017 IN IANO.1582/2016 IN GOP NO.648/2014 ON THE FILE OF THE FAMILYCOURT, THRISSUR.

EXT.P11:TRUE COPY OF THE ORDER DATED 26.9.2017 IN IANO.3703/2017 IN IA NO.1582/2016 IN GOP NO.648/2014 ON THEFILE OF THE FAMILY COURT.

OP(FC) No.724/2017

-2-

EXT.P12:TRUE COPY OF THE EVENT PROSPECTUS CONTRACTDATED 17.11.2017 ISSUED FROM HOTEL POORAM INTERNATIONAL,THRISSUR.

EXT.P13:TRUE COPY OF THE PETITION DATED 22.11.2017 IANO.6152/2017 IN IA NO.1582/2016 IN GOP NO.648/2014 ON THEFILE OF THE FAMILY COURT.

EXT.P14:TRUE COPY OF THE RESPONDENT'S OBJECTION DATEDNIL IN IA NO.6152/2017 IN IA NO.1582/2016 IN GOPNO.648/2014 ON THE FILE OF THE FAMILY COURT.

EXT.P15:TRUE COPY OF THE ORDER DATED 6.12.2017 IN IANO.6152/2017 IN IA NO.1582/2016 IN GOP NO.648/2014 ON THEFILE OF THE FAMILY COURT.

RESPONDENT'S EXHIBITS

EXT.R(a):COPY OF THE COMMON ORDER DATED 12.4.2016IN EA NO.148/16 AND IA NO.1581/2016 IN OP 648/2014.

EXT.R(b): COPY OF THE JUDGMENT DATED 8.2.2017 IN OP(FC)NO.189/2016

EXT.R(c): COPY OF THE ORDER DATED 26.9.2017 IN IANO.3703/2017 IN IA NO.1582/2016 IN GOP NO.648/2014.

EXT.R(d): COPY OF THE JUDGMENT DATED 24.11.2016 IN WPCNO.3459/2016.

EXT.R(e): COPY OF THE ORDER DATED 25.1.2017 IN CRIMENO.106/2016 BEFORE THE SESSIONS COURT, ALAPPUZHA.

EXT.R(f): COPYOFTHEORDERDATED8/8/2017CRL.M.P.NO.2598/2017 IN CRIME NO.106/2016 OF THEADDITIONAL SESSION COURT-1, ALAPPUZHA.

EXT.R(g): COPY OF THE FIRST INFORMATION REPORT DATED7.3.2017 OF THE AROOR POLICE STATION.

EXT.R(h): COPY OF THE EXTRACT OF THE FINAL REPORT FILEDBEFORE JUDICIAL FIRST MAGISTRATE COURT-II, CHERTHALA.

//True Copy//

Rp

PS to Judge

A.M. SHAFFIQUE & ASHOK MENON, JJ.=========================== OP(FC) No.724 of 2017

===============

Dated this, the 29[th] day of December, 2017

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J U D G M E N T

Shaffique, J.

Petitioner had approached this Court challenging Ext.P15order dated 6/12/2017 in IA No.6152/17 in IA No.1582/2016 in OPNo.648/2014 by which a request for giving interim custody of theminor child for a few hours on 31/12/2017 has been dismissed.Earlier, the Family Court had by order dated 5/6/2017 in IANo.1582/2016 granted visitation right to the petitioner herein tovisit the child between 11.00 a.m to 1.00 p.m of the first and thirdSaturdays in the Family Court, Thrissur. Prior to the said orderbeing passed, there were lot of issues between the couple.Petitioner had raised allegation against the respondent herein thatthe minor child was sexually abused by the father. This was foundto be wrong after investigation and crime has been registeredagainst the mother for giving false evidence to the police. Further, OP(FC) No.724/17

materials placed on record would show that the respondentherein was assaulted and the child was forcefully attempted to betaken away from the premises of the Court. It is also pointed outby the learned counsel for respondent that the uncle, whosemarriage is fixed on 31/12/2017, is also an accused in a case.

2. The request of the petitioner for having custody of theminor child from 9.30 a.m to 3.00 p.m on 31/12/2017 is to attendthe marriage of her brother.

3. Having regard to the fact that already appropriateorders had been passed taking into account all the factualcircumstances as per order dated 5/6/2017 in IA No.1582/2016,we do not think that any further modification is required for thereason stated in the application for interim custody. No groundshave been made out warranting further orders to be passed.

OP(FC) is therefore dismissed.

Rp

//True Copy//

Sd/-

A.M. SHAFFIQUE, JUDGESd/-ASHOK MENON, JUDGE

PS to Judge

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